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City gathering records for grand jury

The U.S. Attorney in Tallahassee, where a grand jury is investigating road contracts awarded by the City of Pensacola, has a history of prosecuting bribery cases, including some against local officials.

The U.S. Attorney in Tallahassee, where a federal grand jury is scheduled to meet on Sept. 3 to investigate road contracts awarded by City of Pensacola officials has a prosecution track record that includes several bribery cases.

As reported Wednesday, the grand jury's request for documents from Pensacola involves road contracts dating back to 2011 and any related expenses paid "on behalf" of Mayor Ashton Hayward.

The mayor declined to comment on Thursday when informed by a reporter that U.S. Attorney Pamela Marsh's staff has successfully prosecuted several bribery cases in recent years, including convictions of local government officials. Marsh's office didn't respond to phone messages left by the News Journal on Thursday.

City of Pensacola officials continued to withhold the federal subpoenas issued to several employees at City Hall earlier this month from news media outlets that have requested them. Having already promised cooperation in the case on Wednesday, Hayward declined further comment on Thursday when informed through an assistant of Marsh's past history of focusing on bribery cases.

A city official told the News Journal on Thursday that city hall was gathering the numerous documents requested by the grand jury but probably wouldn't have them assembled until next week, just in time for the grand jury's deadline.

According to an email from Pensacola City Attorney to City Councilmember Sherri Myers on Thursday, "My office has no involvement in this matter."

The city has retained outside counsel with criminal defense experience to represent the subponaed officials, The News Journal learned Thursday night from an individual who is close to the case.

Among the documents requested to be delivered to a federal grand jury in Tallahassee are agreements between the City of Pensacola and Jerry Pate Design. Specifically, the prosecutor asked for requests for bids, bid sheets, selection of contractor documents, all emails pertaining to the bids and copies of all payments to the contractor.

Pate couldn't be reached for comment Thursday.

Pate publicly has supported Hayward's political career, including a $1,000 contribution to the mayor's campaign fund in December 2013. Pate's wife, Soozie, also is listed as donating $1,000 to Hayward. Hayward has raised more than $135,000 so far, according to records at the Escambia County Supervisor of Elections Office.

In 2013, the Escambia County State Attorney's Office decided against investigating accusations of impropriety against Hayward. The allegations, brought by former Pensacola City Councilmember Maren DeWeese, involved contracts awarded to the mayor's friends and supporters, but they apparently aren't related to the transactions mentioned in the current investigation.

The records requested from Hayward's staff this week are due for delivery to a federal grand jury in Tallahassee on Wednesday.

Among the documents requested: "Copies of any and all records for expenses incurred by the City of Pensacola" for Hayward and his then-chief of staff, John Asmar, in connection with the contracts being reviewed.